I would like to ask how I can get legal advice as the father of my daughter is not giving child support. has been done

Hi, I’m John, solicitor, and reviewing your post, and may need to ask a few questions a long the way to assist you.

You will have a right of claim on behalf of your children.

The Child Support (Registration and Collection) Act 1988 (Cth) (“CSRCA”) regulates how outstanding child support liabilities are to be collected.

Where a parent is behind in child support payments, the DHS will contact that parent to discuss the situation. The Department of Human Services has powers under its legislations to recover overdue child support through the following ways: garnishing payee parent’s wages; garnishing tax returns; deducting payments directly from a parent's bank account; deduction from Government Benefit payment; court proceedings; restraining the liable parent from leaving Australia.

The applicable legislation is the Child Support (Registration and Collection) Act 1988 (Cth).

The Child Support Registrar has specific powers to aid enforcement, specifically:

− s 72A Collecting child support related debts from a third person

− s 72AA Deductions from social security pensions and benefits

− s 72AB Deductions from family tax benefit

− s 72AC Deductions from veterans' pensions and allowances

− s 72AD Deductions from parental leave pay

− s 72B Person receiving or controlling money of a debtor who is outside Australia

− s 72C Seeking a court order to set aside a transaction to defeat maintenance liability

− s 72D Registrar may make departure prohibition orders.

A child support debt, a debt occasioned due to non payment of a registered maintenance liability, is a debt to the Commonwealth, as opposed to the payer, and is recoverable by action taken by the Child Support Registrar: s 113; or by the payee: s 113A.

The DHS we will work with other Government Departments where a parent is hiding their true levels of income.

What you will need to do is complete a formal application with DHS and they will commence the process of the collection against the father for the non-payment of child support.

Both the Family Court and Federal Circuit Court have jurisdiction under the Act: s 104. Generally, an enforcement application would be issued in the Federal Circuit Court.

The law will be enforced to protect your children’s financial support.

Would you like to consider this option.

Thank you for reaching out today.

You have a legal right to protect your interests in this important situation.

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